Over the next few days, we will publish different posts which will summarize in a summarized way the different modifications that have occurred in terms of contracting as a result of the publication, on December 29, of the Royal Decree-Law 32/2021, of December 28, on urgent measures for labor reform, employment guarantee and the transformation of the labor market.
From the negotiation of this RDL we can highlight three issues as most relevant: (i) that it has been a norm agreed upon between the Government, Unions and Employers, (ii) that there was a deadline - until 12/31/2021 - set by Europe to reach an agreement and (iii) that the long awaited European funds.
Training contract (art. 11 of the Workers' Statute)
1- Alternation training.
Object
Make paid work activity compatible with the corresponding training processes in the field of vocational training, university studies and the catalog of training specialties of the National Employment System.
By collective agreement, the jobs that can be performed through this contract may be determined.
Duration
The minimum will be 3 months and the maximum will be 2 years, and may be developed in a non-continuous manner.
Possibility of extension, if the title has not been obtained and it has been held for a duration less than the legal maximum.
Requirements:
Lack the corresponding professional qualification.
Age
- In general: there is no age limit.
- Up to 30 years within the framework of professionalism certificates 1 and 2, and training programs in alternating employment-training, which are part of the catalog of training specialties of the National Employment System.
- Without age limits, with people with disabilities or with groups in situations of social exclusion provided for in Law 44/2007.
Effective working time (TTE)
- The TTE will be 65% of the day and 85% of the day for the first and second year, respectively.
- Possibility of working part-time.
- It is not possible to carry out additional hours or overtime, except as provided in article 35.5 of the ET.
Remuneration
- It will be established in the collective agreement.
- Failing that, it may not be higher than 60% (first year) or 75% (second year) with respect to that set for the professional group.
- In no case may it be less than the SMI in proportion to the effective working time.
Training
- Existence of two tutors: in the training center and in the company.
- Preparation of individual training plans.
Limitations
- It cannot be held when the activity or position has been previously carried out by the worker in the same company under any modality for a period of more than six months.
- A trial period cannot be established.
- No night work or shift work may be carried out, unless due to the nature of the activity.
2- To obtain professional practice
Object
Carry out a professional activity aimed at acquiring professional practice appropriate to the level of studies (i) university, (ii) intermediate or higher degree, (iii) specialist or professional master's degree, (iv) vocational training system or (v) education artistic or sports.
By collective agreement, the jobs that can be performed through this contract may be determined.
Duration
- The minimum will be 6 months and the maximum will be 1 year.
- The sectoral agreement may specify the duration.
Requirements
Arrange the contract within three years following the completion of the corresponding studies; In the case of people with disabilities this limit is extended to five years.
Age
In general: there is no age limit.
Effective working time
- The TTE will be the one established in the agreement applicable in the company for these contracts, or failing that, that of the professional group and remuneration level.
- Overtime is not possible, except as provided in article 35.5 of the ET.
Remuneration
- It will be established in the collective agreement.
- Failing that, the salary of the professional group and remuneration level corresponding to the functions performed.
- In no case may it be less than (i) that established for the contract for alternation training or (ii) the SMI in proportion to the actual working time.
Training
- Existence of a tutor in the company.
- The job must allow obtaining professional practice appropriate to the level of studies or training covered by the contract.
- The company must develop an individual training plan that specifies the content of the internship.
- The worker will have the right to obtain a certification of the content of the practice.
Limitations
- You will not be able to subscribe with someone who has obtained professional experience or carried out training activity in the same activity within the company for a period of more than 3 months.
- No person may be hired in the same or different company for longer than the maximum time provided by virtue of the same degree or professional certificate.
- Nor may you be hired in training in the same company for the same job for a period greater than the maximum allowed, even if it is a different degree or certificate.
- A trial period of a maximum of 1 month may be established, unless the collective agreement indicates another period. If at the end of the contract the person continues in the company, a new trial period cannot be arranged.
Validity
Until when can I enter into contracts according to the previous rule?
Until March 30, 2022, training contracts may be concluded as provided in the previous rule.
From when does the new rule begin to apply?
As of March 31, 2022, the new labor regulations (RDL 32/2021) will apply.
We will soon publish “Labor Reform (II): Fixed-term contracts”.
